The justices ruled that Husted’s interpretation of state law was “reasonable” in rejecting
Linnabary’s argument that one of his circulators was an independent contractor, rather than an
employee, and not required to list an employer.

The court also found no substance to other issues raised by Linnabary, a Columbus resident,
including claims that the First Amendment free-speech and due-process rights were violated.

“We are disappointed. This is the first time that qualified candidates were cut off at the
threshold because their circulators did not disclose their employment. This deprives Ohio voters of
choice, and this is neither right nor fair,” said Mark G. Kafantaris, a Columbus lawyer
representing Linnabary.

Charlie Earl, the Libertarian candidate for governor, and Linnabary are asking the 6th U.S.
Circuit Court of Appeals to overturn a decision by a federal court judge denying them a spot on the
ballot.

Watson found evidence that the challenge of the Libertarians’ petitions was orchestrated by the
Ohio Republican Party, which feared that the appearance of Earl on the fall ballot could drain
votes from incumbent Gov. John Kasich.

The judge also determined that the Ohio Democratic Party or its supporters appeared to have
helped the Libertarians’ efforts to gather signatures.